The recent case of Taniguchi v. Restoration Homes, LLC, on rehearing, held unenforceable a default clause in a loan modification agreement that purported to allow the lender to call due a deferred principal and interest balance if the borrower ever defaulted on the new, modified reduced payment schedule
News & Media
Not So Fast, Counselor: When Attorney’s Fees May Be Recovered In Connection With A Real Property Secured Debt
Two decisions reported elsewhere in this issue examine the same narrow aspect of attorney’s fees recovery in wrongful foreclosure cases arising out of the standard form of deed of trust customarily used in residential mortgage transactions in California.
Do You Feel Lucky, Banker? The Shaky Prospects For Financial Transactions With Marijuana-Related Businesses
Federal law prohibits the manufacture, possession, or use of marijuana for any purpose, including medical purposes. This prohibition notwithstanding, as of January of 2018, 29 states plus the District of Columbia have legalized marijuana for medical purposes, six states have legalized marijuana for recreational use, and Maine and Massachusetts have approved legalization measures that have not yet taken effect.
Here We Go Again: The Vicissitudes of Public Policy and Guarantor Liability for California Real Estate Loans
Many real estate practitioners in California remember a time when a personal guaranty of a real estate secured loan was of dubious value to the lender.
Not Worth The Paper It’s Printed On? Strategies For Dealing With The Fraud Exception To The Parol Evidence Rule
In California the parol evidence rule does not bar claims for fraudulent misrepresentations or promises at variance with the terms of a written contract.
Show Me Your Papers: Sales and Assignments of Secured Real Estate Loans and the California Foreclosure Process (Part II)
This is the second part of a two-part article. Part One appeared in the January 2012 issue of the Miller & Starr Real Estate Newsalert.